Nondisturbance definition

Nondisturbance. The following sentence is added to the end of Section 20.1: Notwithstanding the foregoing or any other provision of this Lease, this Lease shall not be subordinate to any Mortgage placed against the Premises after the date of this Lease unless the holder of such Mortgage agrees in writing that so long as Lessee is not in default under this Lease past any applicable cure period, Lessee's possession of the Premises and rights under this Lease will not be disturbed or otherwise affected by such holder in the event such holder acquires Lessor's interest in this Lease by foreclosure, deed in lieu of foreclosure, or other action.
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Nondisturbance shall have the meaning defined in Section 12.2.10.
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Nondisturbance. Subordination and Attornment Agreement", as used in this Article, shall mean a provision in any instrument or a duly executed and acknowledged separate instrument, in form suitable for recording, providing that for so long as Tenant continues to pay the Fixed Rent and any Additional Rent in accordance with this Lease, and otherwise performs and complies with the terms and provisions of this Lease, and so long as no Events of Default, as defined in Article 21 herein exist on Tenant's part hereunder, and provided that Tenant attorns to the party executing such Nondisturbance, Subordination and Attornment Agreement, that such mortgagee will not name or join Tenant as a party defendant in any suit or proceeding for the dispossess of the Tenant herein, or for the foreclosure of such mortgage, and that this Lease and Tenant's possession of the Demised Premises and all of the Tenant's rights hereunder, including Tenant's right to renew this Lease, shall not be disturbed or affected. Same shall be delivered by such mortgagee on its standard form.
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Examples of Nondisturbance in a sentence

  • Any such Subordination, Non-disturbance and Attornment Agreement shall be recorded in the official records of the office of the County Recorder in the County in which the Premises is located.

  • If a mortgage or deed of trust exists or existed, as of the execution date of the original Lease, the Lessor shall cause each mortgagee to execute in favor of the Lessee the Nondisturbance Agreement, attached as Enclosure "E", whereby said mortgagee agrees that it will not disturb the Lessee's tenancy in the event of foreclosure or other succession to the interest of the Lessor.

  • If Purchaser shall fail to provide such Subordination, Nondisturbance and Attornment Agreement, the Operating Lease shall be superior to the lien of said financing.

  • At Landlord's request, Tenant agrees to execute, acknowledge, and deliver within ten (10) days to Landlord a Subordination, Attornment & Nondisturbance Agreement ("Subordination Agreement"), subject to Landlord's reasonably proposed form(s).

  • If ----------------------------------------- Purchaser, in connection with the Closing or thereafter during the term of the Operating Lease, desires to obtain financing from a Mortgagee secured by a lien on the Property, Purchaser shall cause the Mortgagee to provide Operating Lessee, as lessee, with a Subordination, Nondisturbance and Attornment Agreement.

  • Tenant shall be responsible for paying any fees or expenses charged by such mortgagee, ground lessor or trustee in connection with such Nondisturbance Agreement.

  • Subject to Tenant's receipt of the Nondisturbance Agreement described herein, Tenant waives the provisions of any current or future statute, rule or law which may give or purport to give Tenant any right or election to terminate or otherwise adversely affect this Lease and the obligations of the Tenant hereunder in the event of any foreclosure proceeding or sale.

  • Landlord's right to obtain such a future subordination is subject to Landlord's providing Tenant with a written Subordination, Nondisturbance and Attornment Agreement from any such ground lessor, beneficiary or mortgagee wherein Tenant's right to peaceable possession of the Demised Premises during the Lease Term shall not be disturbed if Tenant pays the Rent and performs all of Tenant's obligations under this Lease and is not otherwise in default.

  • With respect to its existing mortgage, Landlord shall obtain a subordination, nondisturbance and attornment agreement (“Subordination Nondisturbance and Attornment Agreement”), in recordable form, from the holder of such mortgage in form and substance reasonably satisfactory to Tenant and the holder of such mortgage.

  • Since a Mortgagee Nondisturbance Agreement is contemplated, any foreclosure of such mortgagee's lien shall not terminate this lease even if such lien is superior to the lease.